BEFORE THE CONSUMER DISPUTE REDRESSAL FORUM

THANE AT THANE
COMPLAINT NO. CC/535/2017
Shri Pradip Rajaram Bhalekar ..... Complainant
V/s
Partner of Moreshwar Homes
Shri Sunil Nana Chande ..... Opposite Party

EVIDENCE AFFIDAVIT

EVIDENCE AFFIDAVIT ON BEHALF OF THE COMPLAINANT

UNDER ORDER 18, RULE IV OF THE CIVIL PROCEDURE COPDE
(AMENDED) 2002

I, Shri Pradip Rajaram Bhalekar, the Complainant

abovenamed residing at AAditya Chal No.3, Room No.4, Near
Smashan Bhumi, Ire Gaon, Kopar, Dombivali (E) state on
solem affirmation as under :-

1. I hereby state and submit that I am the complainant in

the above said complaint and have knowledge about
the facts and circumstances of this case and I am
competent to file Evidence Affidavit in this Complaint.

2. I state and submit that I am a common man and seeking

a room nearby to the working place which should be in
my budget. Some where in the month of October 2012,
while going with my uncle on the way to Titwala Ganpati
Mandir, we came across the Moreshwar Homes Board
and we had a discussion with the main partner Mr.
Nilesh Sapat and decided to
 32
to book one room kitchen for Rs. 4,00,000/- (Rupees
four lakhs) . I booked the said room on 21.10.2012 by
paying token amount or Rs. 11,000/- on the name of
Moreshwar Homes (Maharashtra Bank Cheque No. 70
48 91 dt. 21.10.2012). The said cheque was accepted by
the main partner Mr. Nilesh Sapat and I was told that
that once the amount of Rs. 2,10,000/- is paid the
possession of the said room would be given and further
remaining amount of Rs. 5,000/- p.m. was to be given
by me to complete the transaction. Both Nilesh Sapat
and the assistant Partner the Opposite Party Mr. Sunil
Nana Chande ensured me to do the needful.

3. I hereby state and submit that I was shown the place

near Ganpat Mandir and 7/12 extract of the said site. It
was a barren land but no construction was going on it.
However, the location was good so the room was
booked. I paid following amount by cheque (by making
arrangements taking loan from brother and other
persons) as follows .
Date Name Bank Cheque No. Amount
21.10.12 Moreshwar Homes Maharashtra 704891 Rs. 11,000/-
08.04.13 Moreshwar Homes HDFC 170826 Rs.50,000/-
16.04.13 Moreshwar Homes HDFC 170827 Rs.89,000/-
07.07.13 Moreshwar Homes HDFC 170830 Rs.50,000/-
04.08.13 Moreshwar Homes ....... Cash Rs. 10,000/-
Total Rs. 2,10,000/-
 33
I was told by the Opposite Party that the Agreement to
Sale would be given soon but even after the six months
no construction work started at the shown site and he
the Opposite Party started giving excuses (like road was
to be going through the site etc.) and avoided to give
Agreement to Sale. As after taking the said amounts by
the Opposite Party and gave me assurance to give me
the said room, and hence only the Opposite party has
been made in this complaint although there were other
partners too (Vijay Spat : Mob : 9920261 785 and
Vishwas Bhoir 922 6488 484) apart from the Mr. Nilesh
Sapat the Main Partner (Mob. 9820 156 934) and The
Opposite Party Sunil Nana Chande(Mob : 9226377170/
7875253336).
4. I hereby state and submit that I was in touch with the
Opposite Party and he asked me to meet me on the
following dates of May 2012 i.e on 01,03,06 . However,
the Opposite Party did not meet me. Later on the
Opposite Party closed/Switched of his Mobile Number
and when it was on Switch On mode, he never picked
up. So I went to the office but here was Maruti Builders
and Developers Board instead of Moreshwar Homes. I
realized that I was cheated and so I filed complaint
against him in the police station. The then Police on duty
Shri Jadhav called him on the police station where he
promised to pay me before the said Police but he did
not pay . Therefore, I again met the Jadhav and Andhale
Saheb on duty. Mr. Andhale Saheb called the Opposite
 34
Party on 21.01.2015 . He did not come but sent the
cheque through his son but it was bounced. I informed
the same to Mr. Jadhav Saheb in the Police Station that
time he promised that he would pay Rs. 1,60,000/- and
Rs. 50,000/- would be paid by his main partner Mr.
Nilesh Sapat. The Cheque of Rs. 50,000/- was realized
but the Cheque of the Opposite party of Rs. 1,60,000/-
was bounced again.
5. I hereby state and submit that, when asked by the police
, the opposite party told that, he would do the needful
but asked not to file complaint against him. I thought
that he would pay . However, later he closed his number
so I went to his home. Later he paid Rs. 40,000/- out of
Rs. 1,60,000/- by NEFT. Once again out of Rs. 1,20,000/-
he gave Cheque of Rs. 70,000/- but that too was
bounced. Following are details of bounced cheques.
Date Bank ChequeNo. Amount
24.06.14 Saraswat Bank 640 657 1,60,000/-
10.10.14 Bank of Maha. 030 874 1,60,000/-
05.01.15 Saraswat Bank 640 663 2,00,000/-
13.02.15 Bank of Maha. 079 681 1,60,000/-
22.05.17 Central Bank 001 748 70,000/-

6. I hereby state and submit that I have recording I had

with the Opposite Party (stated in the complaint).
 35
7. I hereby state and submit that after giving me false
promises one after another and bouncing the cheques
on regular interval, I decided to file a case against him
and sent him Notice . However, it was not accepted .
The said Notice (Not Accepted) is enclosed with the
main complaint as Exh. D. Later another Notice was sent
by me and it too was not accepted by the Opposite
Party. Enclosed is the copy of the same and as Marked
Exhibit E .

8. I hereby state and submit that the Hon’ble Forum was

pleased to issue to Notice to the Opposite Party and I
sent the same by Registered Ad on 23.11.2017 but it
was also unclaimed. Enclosed is the said unclaimed
Registered and marked as Exhibit F.

9. I further hereby state and submit that when the said

fact was brought before the Hon’ble Forum, the Hon’ble
Forum asked to resend on the address of the Hon’ble
Forum. The Registered has come back without claiming
the same by the Opposite Party to the Hon’ble Court
and is on the record of the Hon’ble Forum.

10. The Hon’ble Court has asked to file Evidence

Affidavit and hence it is being filed.

11. I hereby state and submit that I have rightly

claimed Rs. 4,32,000/- (Rupees four lakhs and thirty two
 36
thousand) as compensation for the deficiency in
services along with the order of getting Possession of
the said room. Hence Evidence Affidavit in support of
my complaint.

At : Thane Pradip Rajaram Bhalekar

Dt : 26.03.2019 (Complainant)
 BEFORE THE CONSUMER DISPUTE REDRESSAL FORUM
THANE AT THANE
COMPLAINT NO. CC/535/2017

Shri Pradip Rajaram Bhalekar ..... Complainant

V/s
Partner of Moreshwar Homes
Shri Sunil Nana Chande ..... Opposite Party

EVID ENCE AFFIDAVIT

अ.अअअ. अअअअ अअअअअअअअअ अअअअअ

अअअअअअअअ अअअअअअ अअअअ अअअ अअअ.

अ अअअअअअअअअ अअअअअअअअअअ अ.
अअअ अअअअ अअ - अअ

अ. अअअअअअअअअ अअअअअअअअ अअअ

अअअअअअअअअ अअअअ अअअअअ
Exh E अ. अअअ अअअअ
अअ
(Unclaimed Register )

Exh F अ. अअअ अअअअ

अअ

............................................................................................
 39

BEFORE THE CONSUMER DISPUTE REDRESSAL FORUM

THANE AT THANE
COMPLAINT NO. CC/535/2017

Shri Pradip Rajaram Bhalekar ..... Complainant

V/s
Partner of Moreshwar Homes
Shri Sunil Nana Chande .....Opposite Party

Written Notes of Argument

The complainant has filed the present complaint against the

Opposite Party for the deficiency in services in giving the
possession of the room though the complainant has paid his
fifty percent of the room amount Rs. 2,10,000/- (rupees two
lakhs ten thousand by cheque and cash) on the name of
Moreshwar Homes at Titwala through the Opposite Party.

The Opposite party had promised that the Agreement to sale

would be done once the fifty percent of the decided amount
of Rs. 4,00,000/- (Rupees four lakhs) is paid. The complainant
was shown the site and the 7/12 extract and trusting the said
documents, the complainant was paying the amount but
every time the Opposite Party was trying to avoid to prepare
the Agreement to Sale document. The Complainant doubted
the intention and he tried to meet Opposite Party personally
on 1st May, 3rd May and 6th May 2012012 but the Opposite
Party did not meet the Complainant. When the complainant
went to the office of the Opposite party, he was shocked to
see that there was Maruti Builders and Developers Board
instead of Moreshwar Builders. The Complainant tried to
contact the Opposite Party but he had disconnected the said
number and the Complainant was unable to contact him.
Thus the complainant came to know that he was cheated and
he filed complaint in the Titwala Police station. There also the
Opposite Party tried to give excuses and gave false cheques
which were bounced However, after lot of struggle he has yet
to receive Rs. 1,20,000/- from the Opposite Party.
40

Whether the present complaint false under section 12

of the Consumer Protection Act, 1986?
The Complainant is a consumer as he booked for the room at
Titwala at Moreshwar Builder through its one of the partners.
the Opposite Party Shri Sunil Nana Chande. So there is a
relation of buyer and seller. The seller the Opposite Party
adopted unfair means and cheated the Complainant by
stating that there is a land where he would develop the
property. In fact, there was no such land on the name of the
seller that is Moreshwar Builder. The Opposite party took fifty
percent amount from the Complainant and denied to give
service and provided the room and possession as promised.
The Opposite Party further used unfair means and negligence
while returning amount by giving false cheques. As there is
no service as per the contract and made false promise
coupled with gross negligence to return the entire amount
shows that this complaint is fit for deciding the complaint
under the consumer protection act,1986 . Further it has
fulfilled the other requirements such as paid the required
fees, the complaint is within the limitation period and also
under the jurisdiction of this forum. This Hon’ble Forum has
right to entertained decide and pass an order to give
possession and the heavy compensation for the negligence
of the opposite party.
Whether the Complainant has right to get Ex parte
Order in his favour ?
 41
The Complainant has been trying to serve Notice on the
address of the Opposite Party but he just refused to accept it
and unclaimed the same. The Complainant has served him
private Notices through his advocate too but he did not
accept the same. At last the Notice was sent through Hon’ble
Court and it too came back on the address of the office of the
Hon’ble Forum. It shows that the Opposite Party has no fear
for the Hon’ble Forum and does not care for the same. Where
as the Complainant has been attending the dates regularly
through his advocate and waiting for the order and expecting
justice be done.
The Complainant has fulfilled all the necessary conditions and
enclosed all the necessary documents and cooperated with
the Hon’ble Forum. Under the said circumstances , it is rightly
claimed by the Complainant to pass an order for getting the
possession of the said room. The Complainant is ready to pay
the balanced amount of Rs. 2,00,000/- (Rupees Two lakhs)
which was agreed between him and Moreshwar Homes once
the possession is given. The complainant has suffered a lot
and has rightly claimed the compensation amount or Rs.
4,32,000/- (Rupees Four lakhs thirty two thousand) which
may be ordered to be given to the Complainant as mentioned
in the main complaint.
At : Thane Pradip Rajaram Bhalekar
Dt : 26.03.2019 Complainant

Sandeep B Naik
(Advocate for the complainant)
 BEFORE THE CONSUMER DISPUTE REDRESSAL FORUM
THANE AT THANE
COMPLAINT NO. CC/535/2017

Shri Pradip Rajaram Bhalekar ..... Complainant

V/s
Partner of Moreshwar Homes
Shri Sunil Nana Chande .....Opposite Party

WRITTEN NOTE OF ARGUMENTS

Index

अ..अअअ. अअअअ अअअअअअअअअ अअअअअअअअ

अअअअअअ अअअअ अअअ अअअ.
अअअअअ

अअ. Written Notes of अ. अअअ अअअअ

अअ- अअ
Arguments

..................................................................................................